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(영문) 대구지방법원 2016.08.10 2015가단43704
대여금
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1. The Defendant shall pay to the Plaintiff KRW 60,00,000 and the interest rate of KRW 15% per annum from October 16, 2015 to the date of full payment.

Reasons

1. On November 14, 2001, the Plaintiff prepared a loan certificate (hereinafter “the first loan certificate of this case”) with the following terms and conditions as the period of lending money as investment to a business entity operated by the Defendant (a business entity) as the premise of the dispute:

- Contents of the first loan certificate of this case - Amount of KRW 80,000: The due date for repayment: 3% on November 15, 2005 - Interest rate and interest payment date: November 14, 2001; the Plaintiff, on November 21, 2001, remitted KRW 50,000,000 to the Defendant on November 27, 2001, plus KRW 19,000,000,000 on November 27, 2001.

On July 2, 2000, 3,000, 26,000 on July 2, 2002, 200, 3,000,000 on September 4, 2002, 200, 200,000 on March 26, 2003; 6,000,000 on April 17, 2003; 7,000,000 on May 12, 2003; 3,00,00,000,000,000 on August 2, 2003 to the Plaintiff as follows:

Around April 2004, the Plaintiff and the Defendant filed a criminal complaint against the Defendant in fraud by deceiving KRW 100 million. On November 20, 2014, the Plaintiff and the Defendant were investigated by the Gyeonggi-do Police Station. On the same day, the Plaintiff and the Defendant prepared a loan certificate (hereinafter referred to as “the second loan certificate”) with the same content as the following day, and the Plaintiff withdrawn the said criminal complaint.

- Contents of the second loan certificate of this case - Amount: 80,000,000

1. The amount is the amount written on the basis of the accusation filed with the Busan Police Station, and the amount shall be drawn up with a loan certificate and shall be paid in the future.

2. From the end of March 2015, the amount shall be at least one million won each month.

3. They shall be subject to civil or criminal punishment at the time of the passage of these contents;

4. The Plaintiff shall prepare the loan certificate and shall not raise any civil or criminal objection.

5. He/she shall prove that the above accusation is groundless;

After preparing the second loan certificate of this case, the Defendant paid KRW 1,00,000 to the Plaintiff at the end of March, 2015, April 2015, and KRW 700,000, respectively.

[Ground of recognition] A.

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